The Criminal Procedure Rules 2005

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The duty of the participants in a criminal case
     1.2

    (1) Each participant, in the conduct of each case, must - 

(a) prepare and conduct the case in accordance with the overriding objective;

(b) comply with these Rules, practice directions and directions made by the court; and

(c) at once inform the court and all parties of any significant failure (whether or not that participant is responsible for that failure) to take any procedural step required by these Rules, any practice direction or any direction of the court. A failure is significant if it might hinder the court in furthering the overriding objective.

    (2) Anyone involved in any way with a criminal case is a participant in its conduct for the purposes of this rule.

The application by the court of the overriding objective
     1.3 The court must further the overriding objective in particular when - 

(a) exercising any power given to it by legislation (including these Rules);

(b) applying any practice direction; or

(c) interpreting any rule or practice direction.

    (2) If a rule applies only in one or two of those courts, the rule makes that clear.

    (3) The Rules apply on and after 4th April, 2005, but do not affect any right or duty existing under the rules of court revoked by the coming into force of these Rules.

[Note. The rules replaced by these Rules are revoked when these Rules come into force by provisions of the Courts Act 2003[2], the Courts Act 2003 (Commencement No. 6 and Savings) Order 2004[3] and the Courts Act 2003 (Consequential Amendments) Order 2004[4]. These Rules reproduce the substance of all the rules they replace.]

Definitions
     2.2

    (1) In these Rules, unless the context makes it clear that something different is meant:

"court" means a tribunal with jurisdiction over criminal cases. It includes a judge, recorder, District Judge (Magistrates' Court's), lay justice and, when exercising their judicial powers, the Registrar of Criminal Appeals, a justices' clerk or assistant clerk;

"court officer" means the appropriate member of the staff of a court; and

"Practice Direction" means the Lord Chief Justice's Consolidated Criminal Practice Direction, as amended.

    (2) Definitions of some other expressions are in the rules in which they apply.

References to Acts of Parliament and to Statutory Instruments
     2.3 In these Rules, where a rule refers to an Act of Parliament or to subordinate legislation by title and year, subsequent references to that Act or to that legislation in the rule are shortened: so, for example, after a reference to the Criminal Procedure and Investigations Act 1996[5] that Act is called "the 1996 Act"; and after a reference to the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997[6] those Regulations are called "the 1997 Regulations".

The glossary
     2.4 The glossary at the end of the Rules is a guide to the meaning of certain legal expressions used in them.

    (3) The court must actively manage the case by giving any direction appropriate to the needs of that case as early as possible.

The duty of the parties
     3.3 Each party must - 

(a) actively assist the court in fulfilling its duty under rule 3.2, without or if necessary with a direction; and

(b) apply for a direction if needed to further the overriding objective.

Case progression officers and their duties
     3.4

    (1) At the beginning of the case each party must, unless the court otherwise directs - 

(a) nominate an individual responsible for progressing that case; and

(b) tell other parties and the court who he is and how to contact him.

    (2) In fulfilling its duty under rule 3.2, the court must where appropriate - 

(a) nominate a court officer responsible for progressing the case; and

(b) make sure the parties know who he is and how to contact him.

    (3) In this Part a person nominated under this rule is called a case progression officer.

    (4) A case progression officer must - 

(a) monitor compliance with directions;

(b) make sure that the court is kept informed of events that may affect the progress of that case;

(c) make sure that he can be contacted promptly about the case during ordinary business hours;

(d) act promptly and reasonably in response to communications about the case; and

(e) if he will be unavailable, appoint a substitute to fulfil his duties and inform the other case progression officers.

The court's case management powers
     3.5

    (1) In fulfilling its duty under rule 3.2 the court may give any direction and take any step actively to manage a case unless that direction or step would be inconsistent with legislation, including these Rules.

    (2) In particular, the court may - 

(a) nominate a judge, magistrate, justices' clerk or assistant to a justices' clerk to manage the case;

(b) give a direction on its own initiative or on application by a party;

(c) ask or allow a party to propose a direction;

(d) for the purpose of giving directions, receive applications and representations by letter, by telephone or by any other means of electronic communication, and conduct a hearing by such means;

(e) give a direction without a hearing;

(f) fix, postpone, bring forward, extend or cancel a hearing;

(g) shorten or extend (even after it has expired) a time limit fixed by a direction;

(h) require that issues in the case should be determined separately, and decide in what order they will be determined; and

(i) specify the consequences of failing to comply with a direction.

    (3) A magistrates' court may give a direction that will apply in the Crown Court if the case is to continue there.

    (4) The Crown Court may give a direction that will apply in a magistrates' court if the case is to continue there.

    (5) Any power to give a direction under this Part includes a power to vary or revoke that direction.

[Note. Depending upon the nature of a case and the stage that it has reached, its progress may be affected by other Criminal Procedure Rules and by other legislation. The note at the end of this Part lists other rules and legislation that may apply.]

Application to vary a direction
     3.6

    (1) A party may apply to vary a direction if - 

(a) the court gave it without a hearing;

(b) the court gave it at a hearing in his absence; or

(c) circumstances have changed.

    (2) A party who applies to vary a direction must - 

(a) apply as soon as practicable after he becomes aware of the grounds for doing so; and

(b) give as much notice to the other parties as the nature and urgency of his application permits.

Agreement to vary a time limit fixed by a direction
     3.7

    (1) The parties may agree to vary a time limit fixed by a direction, but only if - 

(a) the variation will not - 


(i) affect the date of any hearing that has been fixed, or

(ii) significantly affect the progress of the case in any other way;



(b) the court has not prohibited variation by agreement; and

(c) the court's case progression officer is promptly informed.

    (2) The court's case progression officer must refer the agreement to the court if he doubts the condition in paragraph (1)(a) is satisfied.

Case preparation and progression
     3.8

    (1) At every hearing, if a case cannot be concluded there and then the court must give directions so that it can be concluded at the next hearing or as soon as possible after that.

    (2) At every hearing the court must, where relevant - 

(a) if the defendant is absent, decide whether to proceed nonetheless;

(b) take the defendant's plea (unless already done) or if no plea can be taken then find out whether the defendant is likely to plead guilty or not guilty;

(c) set, follow or revise a timetable for the progress of the case, which may include a timetable for any hearing including the trial or (in the Crown Court) the appeal;

(d) in giving directions, ensure continuity in relation to the court and to the parties' representatives where that is appropriate and practicable; and

(e) where a direction has not been complied with, find out why, identify who was responsible, and take appropriate action.

Readiness for trial or appeal
     3.9

    (1) This rule applies to a party's preparation for trial or (in the Crown Court) appeal, and in this rule and rule 3.10 trial includes any hearing at which evidence will be introduced.

    (2) In fulfilling his duty under rule 3.3, each party must - 

(a) comply with directions given by the court;

(b) take every reasonable step to make sure his witnesses will attend when they are needed;

(c) make appropriate arrangements to present any written or other material; and

(d) promptly inform the court and the other parties of anything that may - 


(i) affect the date or duration of the trial or appeal, or

(ii) significantly affect the progress of the case in any other way.

    (3) The court may require a party to give a certificate of readiness.

Conduct of a trial or an appeal
     3.10 In order to manage the trial or (in the Crown Court) appeal, the court may require a party to identify - 

(a) which witnesses he intends to give oral evidence;

(b) the order in which he intends those witnesses to give their evidence;

(c) whether he requires an order compelling the attendance of a witness;

(d) what arrangements, if any, he proposes to facilitate the giving of evidence by a witness;

(e) what arrangements, if any, he proposes to facilitate the participation of any other person, including the defendant;

(f) what written evidence he intends to introduce;

(g) what other material, if any, he intends to make available to the court in the presentation of the case;

(h) whether he intends to raise any point of law that could affect the conduct of the trial or appeal; and

(i) what timetable he proposes and expects to follow.

Case management forms and records
     3.11

    (1) The case management forms set out in the Practice Direction must be used, and where there is no form then no specific formality is required.

    (2) The court must make available to the parties a record of directions given.

[Note. Case management may be affected by the following other rules and legislation:

Criminal Procedure Rules
Parts 10.4 and 27.2: reminders of right to object to written evidence being read at trial

Part 12.2: time for first appearance of accused sent for trial

Part 13: dismissal of charges sent or transferred to the Crown Courtt

Part 14: the indictment

Part 15: preparatory hearings in serious fraud and other complex or lengthy cases

Parts 21-26: the rules that deal with disclosure

Parts 27-36: the rules that deal with evidence

Part 37: summary trial

Part 38: trial of children and young persons

Part 39: trial on indictment

Regulations
Prosecution of Offences (Custody Time Limits) Regulations 1987[7]

Criminal Justice Act 1987 (Notice of Transfer) Regulations 1988[8]

Criminal Justice Act 1991 (Notice of Transfer) Regulations 1992[9]

Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997[10]

Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2000[11]

Provisions of Acts of Parliament

Sections 5, 10 and 18, Magistrates' Courts Act 1980[12]: powers to adjourn hearings

Sections 128 and 129, Magistrates' Courts Act 1980[13]: remand in custody by magistrates' courts

Part 1, Criminal Procedure and Investigations Act 1996[14]: disclosure

Schedule 2, Criminal Procedure and Investigations Act 1996[15]: use of witness statements at trial

Section 2, Administration of Justice (Miscellaneous Provisions) Act 1933[16]: procedural conditions for trial in the Crown Court

Section 6, Magistrates' Courts Act 1980[17]: committal for trial

Section 4, Criminal Justice Act 1987[18]: section 53, Criminal Justice Act 1991[19]: section 51, Crime and Disorder Act 1998[20]: other procedures by which a case reaches the Crown Court

Section 7, Criminal Justice Act 1987[21]; Parts III and IV, Criminal Procedure and Investigations Act 1996: pre-trial and preparatory hearings in the Crown Court

Section 9, Criminal Justice Act 1967[22]: proof by written witness statement]

    (2) Service for the purposes of the Magistrates' Courts Act 1980[23] of a summons issued by a justice of the peace on a corporation may be effected by delivering it at, or sending it by post to, the registered office of the corporation, if that office is in the United Kingdom, or, if there is no registered office in the United Kingdom, any place in the United Kingdom where the corporation trades or conducts its business.

    (3) Except where another rule contains provision to the contrary, paragraph (2) shall have effect in relation to a document (other than a summons) issued by a justice of the peace as it has effect in relation to a summons so issued, but with the substitution of references to England and Wales for the references to the United Kingdom.

    (4) Any summons or other document served in manner authorised by the preceding provisions of this rule shall, for the purposes of any enactment other than the 1980 Act or these Rules requiring a summons or other document to be served in any particular manner, be deemed to have been as effectively served as if it had been served in that manner; and nothing in this rule shall render invalid the service of a summons or other document in that manner.

    (5) Paragraph (1)(c) shall not authorise the service by post of a summons requiring the attendance of any person to give evidence or produce a document or thing.

    (6) Where this rule or any other of these Rules provides that a summons or other document may be sent by post to a person's last known or usual place of abode that rule shall have effect as if it provided also for the summons or other document to be sent in the manner specified in the rule to an address given by that person for that purpose.

[Note. Formerly rule 99 of the Magistrates' Courts Rules 1981[24]. As to the form of a summons, see rule 7.7. For further rules of service applicable in particular circumstances see rules 7.5 (notice of order under section 25 of the Road Traffic Offenders Act 1988[25]), 19.2 (application for reconsideration of police bail), 34.6 (hearsay evidence), 35.7 (evidence of bad character), 37.6 (notice of intention to cite previous convictions), 40.3 (tainted acquittals), 52.1 (notice of fine), 52.7 (minute of order of court), 55.4 (notice of registration under section 71(6) of the 1988 Act[26]) and 64.5 (appeal by case stated).]

Proof of service in magistrates' courts
     4.2

    (1) The service on any person of a summons, process, notice or document required or authorised to be served in any proceedings before a magistrates' court, and the handwriting or seal of a justice of the peace or other person on any warrant, summons, notice, process or documents issued or made in any such proceedings, may be proved in any legal proceedings by a document purporting to be a solemn declaration made before a justice of the peace, commissioner for oaths, clerk of a magistrates' court or registrar of a county court or a sheriff or sheriff clerk (in Scotland) or a clerk of petty sessions (in Northern Ireland).

    (2) The service of any process or other document required or authorised to be served may be proved in any proceedings before a magistrates' court by a document purporting to be a certificate signed by the person by whom the service was effected.

    (3) References in paragraph (2) of this rule to the service of any process shall, in their application to a witness summons, be construed as including references to the payment or tender to the witness of his costs and expenses.

    (4) Any process or other document produced by the court computer system on a given day shall be sufficient evidence that the process or other document was sent to the person to whom it is addressed within 2 days of it being produced, unless the contrary is proved.

[Note. Formerly rule 67 of the Magistrates' Courts Rules 1981.]

Service of documents in Crown Court proceedings
     4.3 Except where any other rule contains provision to the contrary, any notice or other document which is required by these Rules to be given to any person in respect of Crown Court proceedings may be served personally on that person or sent to him by post at his usual or last known residence or place of business in England or Wales or, in the case of a company, at the company's registered office in England or Wales.

[Note. Formerly rule 28 of the Crown Court Rules 1982[27]. For further rules of service applicable in particular circumstances see rules 13.6 (dismissal of charges transferred or sent), 15.8 (preparatory hearings), 34.6 (hearsay evidence), 35.7 (evidence of bad character), 40.3 (tainted acquittals), 41.17 (retrial following acquittal) and 57.11 to 57.14 (proceedings under the Proceeds of Crime Act 2002[28]). As to service of documents in an appeal to the Court of Appeal see rule 68.1 and the rules listed in the explanatory note to that rule.]

    (4) The justices' clerk or other person responsible for the service of a form bearing the additional words set out in paragraph (3) above shall, if any person upon whom the form is served so requests, provide him with the corresponding English or Welsh form.

    (5) In this rule any reference to serving a document shall include the sending, giving or other delivery of it.

    (6) In the case of a discrepancy between an English and Welsh text the English text shall prevail.

[Note. Formerly rules 2 to 6 of, and Schedule 2 to, the Magistrates' Courts (Welsh Forms) Rules 1986[29].]

Signature of magistrates' court forms by justices' clerk
     5.3

    (1) Subject to paragraph (2) below, where any form prescribed by these Rules contains provision for signature by a justice of the peace only, the form shall have effect as if it contained provision in the alternative for signature by the justices' clerk.

    (2) This rule shall not apply to any form of information, complaint, statutory declaration or warrant, other than a warrant of commitment or of distress.

    (3) In this rule where a signature is required on a form or warrant other than an arrest, remand or commitment warrant, an electronic signature incorporated into the document will satisfy this requirement.

[Note. Formerly rule 109 of the Magistrates' Court Rules 1981[30]).]

    (3) Particulars of any entry relating to a decision about bail or the reasons for any such decisions or the particulars of any certificate granted under section 5(6A) of the Bail Act 1976[31] may be made in a book separate from that in which the entry recording the decision itself is made, but any such separate book shall be regarded as forming part of the register.

    (4) Where, by virtue of section 128(3A) of the Magistrates' Courts Act 1980[32], an accused gives his consent to the hearing and determination in his absence of any application for his remand on an adjournment of the case under sections 5, 10(1) or 18(4)[33] of that Act, the court shall cause the consent of the accused, and the date on which it was notified to the court, to be entered in the register.

    (5) Where any consent mentioned in paragraph (4) is withdrawn, the court shall cause the withdrawal of the consent and the date on which it was notified to the court to be entered in the register.

    (6) On the summary trial of an information the accused's plea shall be entered in the register.

    (7) Where a court tries any person summarily in any case in which he may be tried summarily only with his consent, the court shall cause his consent to be entered in the register and, if the consent is signified by a person representing him in his absence, the court shall cause that fact also to be entered in the register.

    (8) Where a person is charged before a magistrates' court with an offence triable either way the court shall cause the entry in the register to show whether he was present when the proceedings for determining the mode of trial were conducted and, if they were conducted in his absence, whether they were so conducted by virtue of section 18(3) of the 1980 Act (disorderly conduct on his part) or by virtue of section 23(1) of that Act[34] (consent signified by person representing him).

    (9) In any case to which section 22 of the 1980 Act[35] (certain offences triable either way to be tried summarily if value involved is small) applies, the court shall cause its decision as to the value involved or, as the case may be, the fact that it is unable to reach such a decision to be entered in the register.

    (10) Where a court has power under section 53(3) of the 1980 Act to make an order with the consent of the defendant without hearing evidence, the court shall cause any consent of the defendant to the making of the order to be entered in the register.

    (11) In the case of conviction or dismissal, the register shall clearly show the nature of the offence of which the accused is convicted or, as the case may be, the nature of the offence charged in the information that is dismissed.

    (12) An entry of a conviction in the register shall state the date of the offence.

    (13) Where a court is required under section 130(3) of the Powers of Criminal Courts (Sentencing) Act 2000[36] to give reasons for not making a compensation order the court shall cause the reasons given to be entered in the register.

    (14) Where a court passes a custodial sentence, the court shall cause a statement of whether it obtained and considered a pre-sentence report before passing sentence to be entered in the register.

    (15) Every register shall be open to inspection during reasonable hours by any justice of the peace, or any person authorised in that behalf by a justice of the peace or the Lord Chancellor.

    (16) A record of summary conviction or order made on complaint required for an appeal or other legal purpose may be in the form of certified extract from the court register.

    (17) Such part of the register as relates to proceedings in a youth court may be recorded separately and stored in electronic form on the court computer system.

[Note. Formerly rules 16 and 66 of the Magistrates' Court Rules 1981[37], and rule 25 of the Magistrates' Courts (Children and Young Persons) Rules 1992[38].]

Registration of endorsement of licence under section 57 of the Road Traffic Offenders Act 1988
     6.2 A magistrates' court officer or justices' clerk who, as a fixed penalty clerk within the meaning of section 69(4) of the Road Traffic Offenders Act 1988[39], endorses a driving licence under section 57(3) or (4) of that Act[40] (endorsement of licences without hearing) shall register the particulars of the endorsement in a book separate from the register kept under rule 6.1 but any such book shall be regarded as forming part of the register.

[Note. Formerly rule 66A of the Magistrates' Courts Rules 1981.]

Registration of certificate issued under section 70 of the Road Traffic Offenders Act 1988
     6.3 A magistrates' court officer shall register receipt of a registration certificate issued under section 70 of the Road Traffic Offenders Act 1988[41] (sum payable in default of fixed penalty to be enforced as a fine) in a book separate from the register kept under rule 6.1 but any such book shall be regarded as forming part of the register.

[Note. Formerly rule 66B of the Magistrates' Courts Rules 1981.]

Proof of proceedings in magistrates' courts
     6.4 The register of a magistrates' court, or an extract from the register certified by the magistrates' court officer as a true extract, shall be admissible in any legal proceedings as evidence of the proceedings of the court entered in the register.

[Note. Formerly rule 68 of the Magistrates' Courts Rules 1981. As to the requirement to keep a register, see rule 6.1.]

    (2) Subject to any provision of the Magistrates' Courts Act 1980[42] and any other enactment, an information or complaint need not be in writing or on oath.

[Note. Formerly rule 4(1) and (2) of the Magistrates' Court Rules 1981[43]. As to the form of an information, see rules 7.2 and 7.3.]

Statement of offence
     7.2

    (1) Every information laid in, or summons, warrant or other document issued or made by, a magistrates' court shall be sufficient if it - 

(a) describes the offence with which the accused is charged, or of which he is convicted, in ordinary language avoiding as far as possible the use of technical terms; and

(b) gives such particulars as may be necessary to provide reasonable information about the nature of the charge.

    (2) It shall not be necessary for any of those documents to - 

(a) state all the elements of the offence; or

(b) negative any matter upon which the accused may rely.

    (3) If the offence charged is one created by or under any Act, the description of the offence shall contain a reference to the section of the Act, or, as the case may be, the rule, order, regulation, bylaw or other instrument creating the offence.

[Note. Formerly rules 4(3) and 100 of the Magistrates' Courts Rules 1981.]

Information to be for one offence only
     7.3

    (1) Subject to any Act passed after 2nd October 1848, a magistrates' court shall not proceed to the trial of an information that charges more than one offence.

    (2) Nothing in this rule shall prohibit two or more informations being set out in one document.

    (3) If, notwithstanding paragraph (1), it appears to the court at any stage in the trial of an information that the information charges more than one offence, the court shall call upon the prosecutor to elect on which offence he desires the court to proceed, whereupon the offence or offences on which the prosecutor does not wish to proceed shall be struck out of the information; and the court shall then proceed to try that information afresh.

    (4) If a prosecutor who is called upon to make an election under paragraph (3) fails to do so, the court shall dismiss the information.

    (5) Where, after an offence has or offences have been struck out of the information under paragraph (3), the accused requests an adjournment and it appears to the court that he has been unfairly prejudiced, it shall adjourn the trial.

[Note. Formerly rule 12 of the Magistrates' Courts Rules 1981.]

Duty of court officer receiving statutory declaration under section 14(1) of the Magistrates' Courts Act 1980
     7.4 Where a magistrates' court officer receives a statutory declaration which complies with section 14(1) of the Magistrates' Courts Act 1980[44] (accused did not know of proceedings), he shall - 

(a) note the receipt of the declaration in the register; and

(b) inform the prosecutor and, if the prosecutor is not a constable, the chief officer of police of the receipt of the declaration.

[Note. Formerly rule 20 of the Magistrates' Courts Rules 1981. As to the requirement to keep a register, see rule 6.1.]

Notice of order under section 25 of the Road Traffic Offenders Act 1988
     7.5

    (1) Where a magistrates' court makes an order under section 25 of the Road Traffic Offenders Act 1988[45] that an offender shall inform the court of his date of birth or sex or both and the offender is not present in court, the court officer shall serve notice in writing of the order on the offender.

    (2) A notice under this rule shall be served by delivering it to the offender or by sending it to him by post in a letter addressed to him at his last known or usual place of abode.

[Note. Formerly rule 108 of the Magistrates' Courts Rules 1981.]

Statutory declaration under section 72 and 73 of the Road Traffic Offenders Act 1988
     7.6 Where a magistrates' court officer receives a statutory declaration under section 72 and 73 of the Road Traffic Offenders Act 1988[46] (fixed penalty notice or notice fixed to vehicle invalid) he shall send a copy of it to the appropriate chief officer of police.

[Note. Formerly rule 112 of the Magistrates' Courts Rules 1981.]

Form of summons
     7.7

    (1) A summons shall be signed by the justice issuing it or state his name and be authenticated by the signature of the clerk of a magistrates' court.

    (2) A summons requiring a person to appear before a magistrates' court to answer to an information or complaint shall state shortly the matter of the information or complaint and shall state the time and place at which the defendant is required by the summons to appear.

    (3) A single summons may be issued against a person in respect of several informations or complaints; but the summons shall state the matter of each information or complaint separately and shall have effect as several summonses, each issued in respect of one information or complaint.

    (4) In this rule where a signature is required, an electronic signature incorporated into the document shall satisfy this requirement.

[Note. Formerly rule 98 of the Magistrates' Courts Rules 1981. As to the service of a summons, see rule 4.1.]

Summons or warrant to secure attendance of a parent or guardian at a youth court
     7.8 Where a child or young person is charged with an offence, or is for any other reason brought before a court, a summons or warrant may be issued by a court to enforce the attendance of a parent or guardian under section 34A of the Children and Young Persons Act 1933[47], in the same manner as if an information were laid upon which a summons or warrant could be issued against a defendant under the Magistrates' Courts Act 1980 and a summons to the child or young person may include a summons to the parent or guardian to enforce his attendance for the said purpose.

[Note. Formerly rule 26 of the Magistrates' Courts (Children and Young Persons) Rules 1992[48].]

Magistrates' court officer to have copies of documents sent to accused under section 12(1) of the Magistrates' Courts Act 1980
     7.9 Where the prosecutor notifies a magistrates' court officer that the documents mentioned in section 12(1)(a) and 12(1)(b) of the Magistrates' Courts Act 1980[49] have been served upon the accused, the prosecutor shall send to the court officer a copy of the document mentioned in section 12(1)(b).

[Note. Formerly rule 73 of the Magistrates' Courts Rules 1981. Section 12 of the Magistrates' Courts Act 1980 applies where a summons has been issued requiring a person to appear before a magistrates' court, other than a youth court, to answer an information for a summary offence punishable with not more than 3 months' imprisonment. The documents mentioned in section 12(1)(b) are: a notice stating the effect of section 12, and either a statement of the facts to be placed before the court if the accused pleads guilty by post, or copies of the statements of the prosecution witnesses.]

(a) that the accused has no legal representative acting for him in the case; or

(b) that the accused's legal representative has requested the court to consider a submission that there is insufficient evidence to put the accused on trial by jury for the offence with which he is charged, as the case may be,

shall permit the prosecutor to make an opening address to the court, if he so wishes, before any evidence is tendered.

    (3) After such opening address, if any, the court shall cause evidence to be tendered in accordance with sections 5B(4), 5C(4), 5D(5) and 5E(3)[61] of the 1980 Act, that is to say by being read out aloud, except where the court otherwise directs or to the extent that it directs that an oral account be given of any of the evidence.

    (4) The court may view any exhibits produced before the court and may take possession of them.

    (5) After the evidence has been tendered the court shall hear any submission which the accused may wish to make as to whether there is sufficient evidence to put him on trial by jury for any indictable offence.

    (6) The court shall permit the prosecutor to make a submission - 

(a) in reply to any submission made by the accused in pursuance of paragraph (5); or

(b) where the accused has not made any such submission but the court is nevertheless minded not to commit him for trial.

    (7) After hearing any submission made in pursuance of paragraph (5) or (6) the court shall, unless it decides not to commit the accused for trial, cause the charge to be written down, if this has not already been done, and, if the accused is not represented by counsel or a solicitor, shall read the charge to him and explain it in ordinary language.

[Note. Formerly rule 7 of the Magistrates' Courts Rules 1981. On the coming into force of Schedule 3 to the Criminal Justice Act 2003 committal for trial will be abolished and cases triable either way will be sent to the Crown Court under sections 51 and 51A of the Crime and Disorder Act 1998 in the same way as cases triable only on indictment.]

Court's reminder to a defendant of right to object to evidence being read at trial without further proof
     10.4 A magistrates' court which commits a person for trial shall forthwith remind him of his right to object, by written notification to the prosecutor and the Crown Court within 14 days of being committed unless that court in its discretion permits such an objection to be made outside that period, to a statement or deposition being read as evidence at the trial without oral evidence being given by the person who made the statement or deposition, and without the opportunity to cross-examine that person.

[Note. Formerly rule 8 of the Magistrates' Courts Rules 1981. As to the duty on the prosecution to notify the defendant of this right, see rule 27.2. On the coming into force of Schedule 3 to the Criminal Justice Act 2003 committal for trial will be abolished and cases triable either way will be sent to the Crown Court under sections 51 and 51A of the Crime and Disorder Act 1998 in the same way as cases triable only on indictment.]

Material to be sent to court of trial
     10.5

    (1) As soon as practicable after the committal of any person for trial, and in any case within 4 days from the date of his committal (not counting Saturdays, Sundays, Good Friday, Christmas Day or Bank Holidays), the magistrates' court officer shall, subject to the provisions of section 7 of the Prosecution of Offences Act 1985[62] (which relates to the sending of documents and things to the Director of Public Prosecutions), send to the Crown Court officer - 

(a) the information, if it is in writing;

(b)


(i) the evidence tendered in accordance with section 5A of the Magistrates' Courts Act 1980 and, where any of that evidence consists of a copy of a deposition or documentary exhibit which is in the possession of the court, any such deposition or documentary exhibit, and

(ii) a certificate to the effect that that evidence was so tendered;



(c) any notification by the prosecutor under section 5D(2) of the 1980 Act regarding the admissibility of a statement under section 23 or 24 of the Criminal Justice Act 1988[63] (first hand hearsay; business documents);

(d) a copy of the record made in pursuance of section 5 of the Bail Act 1976[64] relating to the grant or withholding of bail in respect of the accused on the occasion of the committal;

(e) any recognizance entered into by any person as surety for the accused together with a statement of any enlargement thereof under section 129(4) of the 1980 Act;

(f) a list of the exhibits produced in evidence before the justices or treated as so produced;

(g) such of the exhibits referred to in paragraph (1)(f) as have been retained by the justices;

(h) the names and addresses of any interpreters engaged for the defendant for the purposes of the committal proceedings, together with any telephone numbers at which they can be readily contacted, and details of the languages or dialects in connection with which they have been so engaged;

(i) if the committal was under section 6(2) of the 1980 Act (committal for trial without consideration of the evidence), a statement to that effect;

(j) if the magistrates' court has made an order under section 8(2) of the 1980 Act (removal of restrictions on reports of committal proceedings), a statement to that effect;

(k) the certificate of the examining justices as to the costs of the prosecution under the Costs in Criminal Cases (General) Regulations 1986[65];

(l) if any person under the age of 18 is concerned in the committal proceedings, a statement whether the magistrates' court has given a direction under section 39 of the Children and Young Persons Act 1933[66] (prohibition of publication of certain matter in newspapers);

(m) a copy of any representation order previously made in the case;

(n) a copy of any application for a representation order previously made in the case which has been refused; and

(o) any documents relating to an appeal by the prosecution against the granting of bail.

    (2) The period of 4 days specified in paragraph (1) may be extended in relation to any committal for so long as the Crown Court officer directs, having regard to the length of any document mentioned in that paragraph or any other relevant circumstances.

[Note. Formerly rule 11 of the Magistrates' Courts Rules 1981. On the coming into force of Schedule 3 to the Criminal Justice Act 2003 committal for trial will be abolished and cases triable either way will be sent to the Crown Court under sections 51 and 51A of the Crime and Disorder Act 1998 in the same way as cases triable only on indictment.]

"notice of transfer" means a notice referred to in section 4(1) of the Criminal Justice Act 1987[67] or section 53(1) of the Criminal Justice Act 1991[68].

    (2) Where this Part requires a document to be given or sent, or a notice to be communicated in writing, it may, with the consent of the addressee, be sent by electronic communication.

    (3) Electronic communication means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa) - 

(a) by means of an electronic communications network (within the meaning of the Communications Act 2003[69]); or

(b) by other means but while in an electronic form.

[Note. Formerly rule 2 of the Magistrates' Courts (Notice of Transfer) Rules 1988[70] and rule 2 of the Magistrates' Courts (Notice of Transfer) (Children's Evidence) Rules 1992[71]. See also sections 4 and 5 of the Criminal Justice Act 1987 and section 53 of, and Schedule 6 to, the Criminal Justice Act 1991. On the coming into force of Schedule 3 to the Criminal Justice Act 2003[72] those provisions will be replaced with sections 51B and 51C of the Crime and Disorder Act 1998[73], which are to similar effect. For the duties of the prosecuting authority see the Criminal Justice Act 1987 (Notice of Transfer) Regulations 1988[74] and the Criminal Justice Act 1991 (Notice of Transfer) Regulations 1992[75].]

Transfer on bail
     11.2  - (1) Where a person in respect of whom notice of transfer has been given - 

(a) is granted bail under section 5(3) or (7A) of the Criminal Justice Act 1987[76] by the magistrates' court to which notice of transfer was given; or

(b) is granted bail under paragraph 2(1) or (7) of Schedule 6 to the Criminal Justice Act 1991[77] by the magistrates' court to which notice of transfer was given,

the magistrates' court officer shall give notice thereof in writing to the governor of the prison or remand centre to which the said person would have been committed by that court if he had been committed in custody for trial.

    (2) Where notice of transfer is given under section 4(1) of the 1987 Act in respect of a corporation the magistrates' court officer shall give notice thereof to the governor of the prison to which would be committed a male over 21 committed by that court in custody for trial.

[Note. Formerly rule 3 of the Magistrates' Courts (Notice of Transfer) Rules 1988 and rule 3 of the Magistrates' Courts (Notice of Transfer) (Children's Evidence) Rules 1992. For bail generally, see Part 19.]

Notice where person removed to hospital
     11.3 Where a transfer direction has been given by the Secretary of State under section 47 or 48 of the Mental Health Act 1983[78] in respect of a person remanded in custody by a magistrates' court and, before the direction ceases to have effect, notice of transfer is given in respect of that person, the magistrates' court officer shall give notice thereof in writing - 

(a) to the governor of the prison to which that person would have been committed by that court if he had been committed in custody for trial; and

(b) to the managers of the hospital where he is detained.

[Note. Formerly rule 4 of the Magistrates' Courts (Notice of Transfer) Rules 1988 and rule 4 of the Magistrates' Courts (Notice of Transfer) (Children's Evidence) Rules 1992.]

Variation of arrangements for bail
     11.4

    (1) A person who intends to make an application to a magistrates' court under section 3(8) of the Bail Act 1976[79] as that subsection has effect under section 3(8A) of that Act shall give notice thereof in writing to the magistrates' court officer, and to the designated authority or the defendant, as the case may be, and to any sureties concerned.

    (2) Where, on an application referred to in paragraph (1), a magistrates' court varies or imposes any conditions of bail, the magistrates' court officer shall send to the Crown Court officer a copy of the record made in pursuance of section 5 of the 1976 Act relating to such variation or imposition of conditions.

[Note. Formerly rule 5 of the Magistrates' Courts (Notice of Transfer) Rules 1988.]

Documents etc to be sent to Crown Court
     11.5 As soon as practicable after a magistrates' court to which notice of transfer has been given has discharged the functions reserved to it under section 4(1) of the Criminal Justice Act 1987 or section 53(3) of the Criminal Justice Act 1991[80], the magistrates' court officer shall send to the Crown Court officer - 

(a) a list of the names, addresses and occupations of the witnesses;

(b) a copy of the record made in pursuance of section 5 of the Bail Act 1976 relating to the grant of withholding of bail in respect of the accused;

(c) any recognizance entered into by any person as surety for the accused together with a statement of any enlargement thereof;

(d) a copy of any representation order previously made in the case; and

(e) a copy of any application for a representation order previously made in the case which has been refused.

[Note. Formerly rule 7 of the Magistrates' Courts (Notice of Transfer) Rules 1988 and rule 6 of the Magistrates' Courts (Notice of Transfer) (Children's Evidence) Rules 1992.]

(a) the information, if it is in writing;

(b) the notice required by section 51(7) of the 1998 Act;

(c) a copy of the record made in pursuance of section 5 of the Bail Act 1976[83] relating to the granting or withholding of bail in respect of the accused on the occasion of the sending;

(d) any recognizance entered into by any person as surety for the accused together with any enlargement thereof under section 129(4) of the Magistrates' Courts Act 1980[84];

(e) the names and addresses of any interpreters engaged for the defendant for the purposes of the appearance in the magistrates' court, together with any telephone numbers at which they can be readily contacted, and details of the languages or dialects in connection with which they have been so engaged;

(f) if any person under the age of 18 is concerned in the proceedings, a statement whether the magistrates' court has given a direction under section 39 of the Children and Young Persons Act 1933[85] (prohibition of publication of certain matter in newspapers);

(g) a copy of any representation order previously made in the case;

(h) a copy of any application for a representation order previously made in the case which has been refused; and

(i) any documents relating to an appeal by the prosecution against the granting of bail.

    (2) The period of 4 days specified in paragraph (1) may be extended in relation to any sending for trial for so long as the Crown Court officer directs, having regard to any relevant circumstances.

[Note. Formerly rule 11A of the Magistrates' Courts Rules 1981[86]. See also section 51 of the Crime and Disorder Act 1998. On the coming into force of Schedule 3 to the Criminal Justice Act 2003[87] section 51 of the 1998 Act will apply to either way as well as indictable only offences, and section 51A will extend the section 51 procedure to children and young persons[88]. For the procedure governing the service of evidence by the prosecution where an accused is sent for trial, see the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2000[89].]

Time for first appearance of accused sent for trial
     12.2 A Crown Court officer to whom notice has been given under section 51(7) of the Crime and Disorder Act 1998, shall list the first Crown Court appearance of the person to whom the notice relates in accordance with any directions given by the magistrates' court.

[Note. Formerly rule 24ZA of the Crown Court Rules 1982[90]. The provisions of that rule regarding the listing of the first appearance within set periods of time no longer apply.]

"notice of transfer" means a notice referred to in section 4(1) of the Criminal Justice Act 1987[91] or section 53(1) of the Criminal Justice Act 1991[92]; and

"the prosecution" means the authority by or on behalf of whom notice of transfer was given under the 1987 or 1991 Acts, or the authority by or on behalf of whom documents were served under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998[93].

[Note. Formerly rule 1 of the Criminal Justice Act 1987 (Dismissal of Transferred Charges) Rules 1988[94], rule 1 of the Criminal Justice Act 1991 (Dismissal of Transferred Charges) Rules 1992[95] and rule 1 of the Crime and Disorder Act 1998 (Dismissal of Charges Sent) Rules 1998 [96]. See also section 6 of the Criminal Justice Act 1987, section 53 of, and Schedule 6 to, the Criminal Justice Act 1991 and sections 51 and 52 of, and Schedule 3 to, the Crime and Disorder Act 1998.]

Written notice of oral application for dismissal
     13.2

    (1) Where notice of transfer has been given under the Criminal Justice Act 1987 or the Criminal Justice Act 1991, or a person has been sent for trial under the Crime and Disorder Act 1998, and the person concerned proposes to apply orally - 

(a) under section 6(1) of the 1987 Act[97];

(b) under paragraph 5(1) of Schedule 6 to the 1991 Act[98]; or

(c) under paragraph 2(1) of Schedule 3 to the 1998 Act[99]

for any charge in the case to be dismissed, he shall give notice of his intention in writing to the Crown Court officer at the place specified by the notice of transfer under the 1987 or 1991 Acts or the notice given under section 51(7) of the 1998 Act as the proposed place of trial. Notice of intention to make an application under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

    (2) Notice of intention to make an application shall be given - 

(a) in the case of an application to dismiss charges transferred under the 1987 Act, not later than 28 days after the day on which notice of transfer was given;

(b) in the case of an application to dismiss charges transferred under the 1991 Act, not later than 14 days after the day on which notice of transfer was given; and

(c) in the case of an application to dismiss charges sent under the 1998 Act, not later than 14 days after the day on which the documents were served under paragraph 1 of Schedule 3 to that Act,

and a copy of the notice shall be given at the same time to the prosecution and to any person to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged.

    (3) The time for giving notice may be extended, either before or after it expires, by the Crown Court, on an application made in accordance with paragraph (4).

    (4) An application for an extension of time for giving notice shall be made in writing to the Crown Court officer, and a copy thereof shall be given at the same time to the prosecution and to any other person to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged. Such an application made in proceedings under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

    (5) The Crown Court officer shall give notice in the form set out in the Practice Direction of the judge's decision on an application under paragraph (3) - 

(a) to the applicant for dismissal;

(b) to the prosecution; and

(c) to any other person to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged.

    (6) A notice of intention to make an application under section 6(1) of the 1987 Act, paragraph 5(1) of Schedule 6 to the 1991 Act or paragraph 2(1) of Schedule 3 to the 1998 Act shall be accompanied by a copy of any material on which the applicant relies and shall - 

(a) specify the charge or charges to which it relates;

(b) state whether the leave of the judge is sought under section 6(3) of the 1987 Act, paragraph 5(4) of Schedule 6 to the 1991 Act or paragraph 2(4) of Schedule 3 to the 1998 Act[100] to adduce oral evidence on the application, indicating what witnesses it is proposed to call at the hearing; and

(c) in the case of a transfer under the 1991 Act, confirm in relation to each such witness that he is not a child to whom paragraph 5(5) of Schedule 6 to that Act applies.

    (7) Where leave is sought from the judge for oral evidence to be given on an application, notice of his decision, indicating what witnesses are to be called if leave is granted, shall be given in writing by the Crown Court officer to the applicant for dismissal, the prosecution and to any other person to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged. Notice of a decision in proceedings under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

    (8) Where an application for dismissal under section 6(1) of the 1987 Act, paragraph 5(1) of Schedule 6 to the 1991 Act or paragraph 2(1) of Schedule 3 to the 1998 Act is to be made orally, the Crown Court officer shall list the application for hearing before a judge of the Crown Court and the prosecution shall be given the opportunity to be represented at the hearing.

[Note. Formerly rule 2 of the Criminal Justice Act 1987 (Dismissal of Transferred Charges) Rules 1988, rule 2 of the Criminal Justice Act 1991 (Dismissal of Transferred Charges) Rules 1992 and rule 2 of the Crime and Disorder Act 1998 (Dismissal of Charges Sent) Rules 1998.]

Written application for dismissal
     13.3

    (1) Application may be made for dismissal under section 6(1) of the Criminal Justice Act 1987, paragraph 5(1) of Schedule 6 to the Criminal Justice Act 1991 or paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 without an oral hearing. Such an application shall be in writing, and in proceedings under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

    (2) The application shall be sent to the Crown Court officer and shall be accompanied by a copy of any statement or other document, and identify any article, on which the applicant for dismissal relies.

    (3) A copy of the application and of any accompanying documents shall be given at the same time to the prosecution and to any other person to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged.

    (4) A written application for dismissal shall be made - 

(a) not later than 28 days after the day on which notice of transfer was given under the 1987 Act;

(b) not later than 14 days after the day on which notice of transfer was given under the 1991 Act; or

(c) not later than 14 days after the day on which documents required by paragraph 1 of Schedule 3 to the 1998 Act were served

unless the time for making the application is extended, either before or after it expires, by the Crown Court; and rule 13.2(4) and (5) shall apply for the purposes of this paragraph as if references therein to giving notice of intention to make an oral application were references to making a written application under this rule.

[Note. Formerly rule 3 of the Criminal Justice Act 1987 (Dismissal of Transferred Charges) Rules 1988, rule 3 of the Criminal Justice Act 1991 (Dismissal of Transferred Charges) Rules 1992 and rule 3 of the Crime and Disorder Act 1998 (Dismissal of Charges Sent) Rules 1998.]

Prosecution reply
     13.4

    (1) Not later than seven days from the date of service of notice of intention to apply orally for the dismissal of any charge contained in a notice of transfer or based on documents served under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998, the prosecution may apply to the Crown Court under section 6(3) of the Criminal Justice Act 1987, paragraph 5(4) of Schedule 6 to the Criminal Justice Act 1991 or paragraph 2(4) of Schedule 3 to the 1998 Act for leave to adduce oral evidence at the hearing of the application, indicating what witnesses it is proposed to call.

    (2) Not later than seven days from the date of receiving a copy of an application for dismissal under rule 13.3, the prosecution may apply to the Crown Court for an oral hearing of the application.

    (3) An application under paragraph (1) or (2) shall be served on the Crown Court officer in writing and, in the case of an application under paragraph (2), shall state whether the leave of the judge is sought to adduce oral evidence and, if so, shall indicate what witnesses it is proposed to call. Where leave is sought to adduce oral evidence under paragraph 5(4) of Schedule 6 to the 1991 Act, the application should confirm in relation to each such witness that he is not a child to whom paragraph 5(5) of that Schedule applies. Such an application in proceedings under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

    (4) Notice of the judge's determination upon an application under paragraph (1) or (2), indicating what witnesses (if any) are to be called shall be served in writing by the Crown Court officer on the prosecution, on the applicant for dismissal and on any other party to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged. Such a notice in proceedings under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

    (5) Where, having received the material specified in rule 13.2 or, as the case may be, rule 13.3, the prosecution proposes to adduce in reply thereto any written comments or any further evidence, the prosecution shall serve any such comments, copies of the statements or other documents outlining the evidence of any proposed witnesses, copies of any further documents and, in the case of an application to dismiss charges transferred under the 1991 Act, copies of any video recordings which it is proposed to tender in evidence, on the Crown Court officer not later than 14 days from the date of receiving the said material, and shall at the same time serve copies thereof on the applicant for dismissal and any other person to whom the notice of transfer relates or with whom the applicant is jointly charged. In the case of a defendant acting in person, copies of video recordings need not be served but shall be made available for viewing by him.

    (6) The time for - 

(a) making an application under paragraph (1) or (2) above; or

(b) serving any material on the Crown Court officer under paragraph (5) above

may be extended, either before or after it expires, by the Crown Court, on an application made in accordance with paragraph (7) below.

    (7) An application for an extension of time under paragraph (6) above shall be made in writing and shall be served on the Crown Court officer, and a copy thereof shall be served at the same time on to the applicant for dismissal and on any other person to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged. Such an application in proceedings under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

[Note. Formerly rule 4 of the Criminal Justice Act 1987 (Dismissal of Transferred Charges) Rules 1988, rule 4 of the Criminal Justice Act 1991 (Dismissal of Transferred Charges) Rules 1992 and rule 4 of the Crime and Disorder Act 1998 (Dismissal of Charges Sent) Rules 1998.]

Determination of applications for dismissal - procedural matters
     13.5

    (1) A judge may grant leave for a witness to give oral evidence on an application for dismissal notwithstanding that notice of intention to call the witness has not been given in accordance with the foregoing provisions of this Part.

    (2) Where an application for dismissal is determined otherwise than at an oral hearing, the Crown Court officer shall as soon as practicable, send to all the parties to the case written notice of the outcome of the application. Such a notice in proceedings under the 1987 and 1991 Acts shall be in the form set out in the Practice Direction.

[Note. Formerly rule 5 of the Criminal Justice Act 1987 (Dismissal of Transferred Charges) Rules 1988, rule 5 of the Criminal Justice Act 1991 (Dismissal of Transferred Charges) Rules 1992 and rule 5 of the Crime and Disorder Act 1998 (Dismissal of Charges Sent) Rules 1998.]

Service of documents
     13.6

    (1) Any notice or other document which is required by this Part to be given to any person may be served personally on that person or sent to him by post at his usual or last known residence or place of business in England and Wales or, in the case of a company, at the company's registered office in England or Wales.

    (2) If the person to be served is acting by a solicitor, the notice or other document may be served by delivering it, or sending it by post, to the solicitor's address for service.

[Note. Formerly rule 6 of the Criminal Justice Act 1987 (Dismissal of Transferred Charges) Rules 1988, rule 6 of the Criminal Justice Act 1991 (Dismissal of Transferred Charges) Rules 1992 and rule 6 of the Crime and Disorder Act 1998 (Dismissal of Charges Sent) Rules 1998.]

(a) where a defendant has been committed for trial, within a period of 28 days commencing with the date of committal;

(b) where a notice of transfer has been given under section 4 of the Criminal Justice Act 1987[104] (serious fraud), within a period of 28 days commencing with the date on which notice is given;

(c) where a notice of transfer has been served under section 53 of the Criminal Justice Act 1991[105] (certain cases involving children), within a period of 28 days commencing with the date on which notice is served; and

(d) where a person is sent for trial under section 51 of the Crime and Disorder Act 1998[106], within a period of 28 days commencing with the date on which copies of the documents containing the evidence on which the charge or charges are based are served under paragraph 1 of Schedule 3 to that Act[107].

    (2) The period referred to in paragraph (1) may, on the application of the person preferring the bill of indictment or otherwise, be extended by a judge of the Crown Court before or after it has expired; and any period so extended may be further extended in like manner.

    (3) Notwithstanding paragraph (2), the first extension of the period may be granted by the Crown Court officer provided that the period of the extension does not exceed 28 days; but if the court officer is of the opinion that the first extension of the period should not be granted, he shall refer the application to a judge of the Crown Court who shall determine the application himself.

    (4) An application under paragraph (2) above shall - 

(a) be in writing unless a judge of the Crown Court otherwise directs; and

(b) include a statement of the reasons why an extension of the period referred to in paragraph (1) is necessary.

    (5) Where an application under paragraph (2) is made after the expiry of the period referred to in paragraph (1) or, as the case may be, the expiry of that period as extended under paragraph (2), the application shall in addition include a statement of the reasons why the application was not made before the expiry of the period or, as the case may be, the extended period.

[Note. Formerly rule 5 of the Indictments (Procedure) Rules 1971.]

Committal documents to be made available to person wishing to prefer an indictment
     14.3 It shall be the duty of any person in charge of any committal documents to give to any person desiring to make an application for leave to prefer a bill of indictment against a person in respect of whom committal proceedings have taken place, a reasonable opportunity to inspect the committal documents and, if so required by him, to supply him with copies of the documents or any part thereof.

[Note. Formerly rule 11 of the Indictments (Procedure) Rules 1971. On the coming into force of Schedule 3 to the Criminal Justice Act 2003[108] committal for trial will be abolished and cases triable either way will be sent to the Crown Court under sections 51 and 51A of the Crime and Disorder Act 1998[109] in the same way as cases triable only on indictment.]

(a) committal for trial;

(b) transfer of proceedings for trial; or

(c) preferment of a bill of indictment under the authority of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933[117].

    (2) Where paragraph (1)(b) above would otherwise apply and an application for dismissal of the offence charged is made within 28 days of the transfer of proceedings for trial, then an application under section 7(2) of the 1987 Act or section 29(4) of the 1996 Act shall be made - 

(a) within 28 days of the transfer of proceedings for trial; or

(b) no later than 7 days after the said application for dismissal is determined or withdrawn, if the last mentioned period expires later than the period referred to in paragraph (2)(a).

    (3) The time for making an application under section 7(2) of the 1987 Act or section 29(4) of the 1996 Act may be extended by the Crown Court, either before or after it expires, on an application made in accordance with paragraph (4).

    (4) An application for an extension of time under paragraph (3) shall be made in the form set out in the Practice Direction, specifying the grounds of the application and shall be served on the Crown Court officer, and a copy of the application shall at the same time as it is served on that officer be served on the other party, or if there is more than one, each of the other parties in the case.

    (5) An application for an extension of time under paragraph (3) shall be determined by a judge of the Crown Court without a hearing unless the judge otherwise directs, and the Crown Court officer shall serve notice on the parties in the case of the time and place of any such hearing.

    (6) The Crown Court officer shall serve notice of the judge's decision on an application under paragraph (3) on the parties in the case.

[Note. Formerly rule 4 of the Criminal Justice Act 1987 (Preparatory Hearings) Rules 1997 and rule 4 of the Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) Rules 1997.]

Representations concerning an application
     15.3 Where a party receives a copy of an application as referred to in rule 15.1 (made under section 7(2) of the Criminal Justice Act 1987 or section 29(4) of the Criminal Procedure and Investigations Act 1996) and proposes to make written representations to the Crown Court concerning the application, he shall serve any such representations on the Crown Court officer within 7 days of receipt of the copy application, and shall, at the same time as he serves the representations on the court officer, serve a copy thereof on the other party, or if there is more than one, each of the other parties in the case.

[Note. Formerly rule 5 of the Criminal Justice Act 1987 (Preparatory Hearings) Rules 1997 and rule 5 of the Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) Rules 1997.]

Determination of application
     15.4

    (1) An application under section 7(2) of the Criminal Justice Act 1987 or section 29(4) of the Criminal Procedure and Investigations Act 1996 shall be determined without a hearing unless a judge of the Crown Court otherwise directs, and the Crown Court officer shall serve notice on the parties in the case of the time and place of any such hearing.

    (2) The Crown Court officer shall serve notice of the determination of an application, or of an order for a preparatory hearing made of a judge's own motion, in the form set out in the Practice Direction, on the parties in the case.

[Note. Formerly rule 6 of the Criminal Justice Act 1987 (Preparatory Hearings) Rules 1997 and rule 6 of the Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) Rules 1997.]

Disclosure of prosecution case
     15.5 Where an order is made under section 9(4) of the Criminal Justice Act 1987[118] or section 31(4) of the Criminal Procedure and Investigations Act 1996[119] for the prosecution to prepare and serve any documents, the order shall identify the documents to be served and require the prosecution to serve a copy of each such document on the other party, or if there is more than one, each of the other parties in the case, and the Crown Court officer shall serve notice of the order on the parties in the case.

[Note. Formerly rule 7 of the Criminal Justice Act 1987 (Preparatory Hearings) Rules 1997 and rule 7 of the Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) Rules 1997. Under section 9(4) of the 1987 Act and section 31(4) of the 1996 Act the judge can require the prosecution to set out its case in a written statement, to arrange its evidence in a form that will be easiest for the jury to understand, to prepa